Wednesday, May 16, 2012

FOCUS: Colonized by Corporations

FOCUS: Colonized by Corporations
"We have been, like nations on the periphery of empire, colonized. We are controlled by tiny corporate entities that have no loyalty to the nation and indeed in the language of traditional patriotism are traitors. They strip us of our resources, keep us politically passive and enrich themselves at our expense."
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So says Chris Hedges, one of the most trenchant and literate critics of the role of corporations in our society.

Gov. Jan Brewer Signs New Law That Takes Debt Collectors' Word For How Much You Owe | Crooks and Liars

Gov. Jan Brewer Signs New Law That Takes Debt Collectors' Word For How Much You Owe | Crooks and Liars

The language in this bill — primarily, but unofficially, known as the Credit Card Responsibility Bill — that pertains to collection agencies is this:
“In an uncontested court action in this state a creditor may establish the amount of the debt that is owed on a credit card account through a copy of the issuer’s final billing statement or by the electronic record pursuant to section 44-7007 that is maintained by the issuer and that represents the amount owed. In contested actions the court shall weigh the evidence of the parties as required by law.”
"Well yes, theoretically, the courts would weigh evidence. But as we saw in the Florida foreclosure courts, judges simply rubber-stamped the bank requests, no matter how egregious or poorly documented their claims. So I wouldn't count on it."
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So Governor Brewer is making it easy for collection agencies to "prove" the amount that is owed. Now they don't have to go to the trouble of finding and digging through all the records of the original creditor to find out how much is really owed. They just offer the last billing statement.

follow up:  If you would like to read why this is a bad idea, with a real-world example from Tennessee, check out law professor Bob Lawless' take on it at the blog Credit Slips. : "The documentation problems identified in LVNV Funding are pervasive throughout the debt collection industry. Because not every court is careful and because not every consumer has good representation, credit card debts undoubtedly are being collected without adequate evidence the debt is due and owing." 

Wells Fargo Has Blood on Its Hands: Desperate Man Commits Suicide After Shocking Foreclosure Mistreatment | News & Politics | AlterNet

Wells Fargo Has Blood on Its Hands: Desperate Man Commits Suicide After Shocking Foreclosure Mistreatment | News & Politics | AlterNet
For every story about HOA foreclosure abuse, there are probably a hundred unpublicized stories of mortgage foreclosure abuse where banks that the taxpayers bailed out have been aggressively screwing people. They are misapplying payments, fraudulently force-placing insurance, losing checks, and doing other things to create a phony basis for "default," and then sending the file to a foreclosure mill.

Monday, May 14, 2012

Co-conspirator in Plymouth Hill condo scam pleads guilty - Colonial News - Montgomery News

Co-conspirator in Plymouth Hill condo scam pleads guilty - Colonial News - Montgomery News

A co-conspirator in the Plymouth Hill Condominium kickback scam pleaded guilty in court April 26 and has agreed to testify against his accomplices. Keith Brandolph, a salesperson with Siemens Fire Safety, pleaded guilty to one count of theft by deception and one count of engaging in criminal conspiracy after he admitted to helping the condo association manager swindle hundreds of thousands of dollars from owners within Plymouth Hill condominiums. Last year, the district attorney initially charged Vincent Lopez, the paid facility manager of the condo complex, and three others with cheating homeowners out of as much as $600,000 through various thinly veiled means of hiking association rates. Lopez and two others — Irving Betoff and Roosevelt Harris — are scheduled to plead guilty to unknown charges May 2. Patricia Paugh, assistant property manager of Plymouth Hill condos, who is charged with theft, criminal conspiracy and related offenses, is expected to plead guilty the following day.
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Thanks to Rodney Gray for this link. There have been so many of these episodes that you would expect demands for government oversight of property management firms. This one is from Pennsylvania.

Sunday, May 13, 2012

Covington-area family battles homeowners association over solar panels | NOLA.com

Covington-area family battles homeowners association over solar panels | NOLA.com

He had solar panels installed on the roof of his house in the Estates of Northpark near Covington in March and cut his family's time on the grid -- and his electricity costs -- by about 80 percent.
But the time for celebration never came. Before he ever received his first post-solar electric bill, his homeowners association sued him, saying Piazza had not gotten permission to install the panels on his house.
Neighbors in the gated enclave -- typical of many newer, upscale subdivisions in St. Tammany Parish -- also complained that the eco-friendly panels are "unsightly," according to the lawsuit.
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Thanks to Fred Pilot and Beanie Adolph for this link. It seems that this solar panel vs. HOA issue may become a  serious problem that will require national legislation. That's what happened with satellite dishes. Eventually the satellite TV industry lobbied congress, which ordered the FCC to draft a rule, and now we don't see so many conflicts over satellite dishes in HOA and condo properties. Solar panels will be a major part of our energy supply system eventually, and I can't see condo and hoa boards being allowed to get in the way of that, particularly on "unsightliness" grounds.